Baehr v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah A. Smith, from an amended judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 28th day of April, 1915, upon the decision of the court after a trial at the New York Special Term in an action to foreclose a mortgage, and also from an order entered in said clerk’s office on the 21st day of April, 1915, granting plaintiffs’ motion to amend a judgment heretofore and on the…
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Appeal by the defendant, Sarah A. Smith, from an amended judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 28th day of April, 1915, upon the decision of the court after a trial at the New York Special Term in an action to foreclose a mortgage, and also from an order entered in said clerk’s office on the 21st day of April, 1915, granting plaintiffs’ motion to amend a judgment heretofore and on the 10th day of December, 1914, entered herein.
1Opinion of the Court
McLaughlin, J.:
Action to foreclose a mortgage upon certain real estate in the city of New York. The usual judgment was demanded and that the appellant be adjudged to pay any deficiency which might remain after applying the proceeds derived from the sale towards the payment of the mortgage debt. The appellant interposed ah answer in which she alleged that prior to the commencement of the action the plaintiffs agreed, in consideration of her and her husband giving to them a warranty deed, to accept the same in lieu of a foreclosure *575and sale; that she at all times thereafter was ready to perform…
2Cases cited5 opinions
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- Darmstadt v. MansonAppellate Division of the Supreme Court of the State of New York · 1911
- French v. FrenchAppellate Division of the Supreme Court of the State of New York · 1905
- Morrison v. SlaterAppellate Division of the Supreme Court of the State of New York · 1908
- Hochstein v. SchlangerAppellate Division of the Supreme Court of the State of New York · 1912
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- Tousey v. BarberNew York Supreme Court · 1928
- Cassia Corp. v. North Hills Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1952